Posts tagged Light Duty.

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

NOTE FROM ROBIN: This is the third and final installment of David Smith's series on the latest developments from the Occupational Safety and Health Administration. (But we hope he'll be back soon!)

David Smith
David Smith

In August, OSHA issued a revised version of its 2006 Directive on the Agency’s National Emphasis Program on Amputations that includes an updated list of 80 industries ...

NOTE FROM ROBIN: This is the second in a series by David Smith of our Occupational Safety and Health Practice Group on some of the latest developments from the agency. 

David Smith
David Smith

Last week, I posted about OSHA's expected final rule on a public database of workplace injuries and illnesses. While that expected rule would require employers to submit their injury and illness records to ...

David Smith
David Smith

NOTE FROM ROBIN: I am delighted that David Smith will be posting here as a guest for the next few weeks. David is a partner in our Atlanta office and member of our firm's Occupational Safety and Health practice group. He'll be catching us up on the latest from OSHA.

A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White ...

Employers, if you're getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer.

"Never give in on unemployment."

This is terrible advice on so many levels. First, an employee who doesn't have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you -- as a matter of financial ...

When it comes to Halloween in the workplace, just call me Scrooge.

A reader writes,

Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I've seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn't have Halloween parties because some employees have religious ...

David Smith of Constangy’s OSHA practice group is co-author of this post.

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share information about allegations of safety, coercion, and retaliation.

And ...

As promised on Monday, here is my magnum opus regarding the EEOC's new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I'll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don't go to the bathroom during the work day . . . all that really important stuff.)

This past Monday, July 14, a divided ...

Whoa.

A federal judge in Pennsylvania held this week that U.S. Steel had the right under the Americans with Disabilities Act to conduct random alcohol tests on probationary employees at a coke plant, granting summary judgment to the company in a class action that had been filed by the Equal Employment Opportunity Commission.

The court found, in a "case of first impression,"* that the ...

My colleague and fellow blogger Jon Hyman had an excellent post this week about the settlement in the Dura Automotive case -- in which the company tested its employees for both illegal and legal drugs. And that wasn't all -- according to the press release of the Equal Employment Opportunity Commission, employees who tested positive for the designated legal drugs were required to state ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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